2014-10-08_PC_Agenda - Laserfiche WebLink

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Attachment A ЍВ intensify on the site away from intended zoning. Mayor Roe spoke to the need to retain good tools in ЎЉ addressing those sites. ЎЊ Councilmember Etten concurred with the comments of Mayor Roe, and his support for not kicking people ЎЋ out of a successful business unless a significant situation or problem was in evidence. Councilmember Etten ЎЌ stated that he agreed with the positives in using a longer term Interim Use to allow more flexibility, and ЎЍ changing City Code accordingly. However, Councilmember Etten questioned if a business would prefer a ЎЎ Conditional Use to ensure greater permanence for their business, and asked Mr. Bilotta for his impression of ЎЏ that preference. ЎА Mr. Bilotta responded that it would depend on whether the choice was between an Interim or Conditional ЎБ Use, or if the choice was between a Conditional Use or not being allowed at all, obviously then indicating a ЎВ preference for a Conditional Use. Regarding the current zoning of the Vogel Sheetmetal property, and their ЏЉ proposed new use, as well as with other situations, Mr. Bilotta noted that rezoning should or could also be a ЏЊ consideration. While it was preferable to have the zoning work for proposed uses ultimately for most ЏЋ business uses versus the need for an Interim Use, Mr. Bilotta noted that it provided two different situations, ЏЌ one of which was providing fluidity in the Twin Lakes area as the City Council continued to work its way to ЏЍ resolution of zoning issues and permitted or conditional uses. ЏЎ Councilmember McGehee noted the need for flexibility, and her personal interest in having the ability to ЏЏ make changes, whether through Interim Uses or zoning, particularly in those areas abutting residential ЏА properties and the need to correct negative situations through some option. While zoning can be changes, ЏБ even though the process was more lengthy and cumbersome, Councilmember McGehee noted that a ЏВ Conditional Use remained in place as a nonconforming use, whether or not the zoning was changed. АЉ Therefore, Councilmember McGehee expressed her preference for an Interim Use versus a Conditional Use. АЊ Councilmember Willmus stated that he looked at an Interim Use as temporary versus what was desired АЋ long-term for the City, and rather than pushing if off continuously, it could be closely tied with a АЌ Conditional Use and nonconforming uses. Councilmember Willmus opined that the City Council owed АЍ some due diligence for considering the City’s future vision based on the long-term Comprehensive Plan АЎ guidelines, and not be placed in situations where it was continually setting aside that long-term vision. АЏ Mayor Roe opined that a Conditional Use shouldn’t be the way to consider a nonconforming use; and while АА it was fine to put it there, there were conditions applied, otherwise it would be a permitted use. However, by АБ applying conditions due to certain circumstances, Mayor Roe stated that this served the purpose. Mayor АВ Roe stated that he didn't have a problem with a Conditional Use going with the land as long as it continued БЉ to meet those conditions, be forced to come into compliance, or shut down due to noncompliance. БЊ Mr. Bilotta clarified that Conditional Uses and nonconforming uses overlapped and while a use may be БЋ inappropriate, if it was held to a certain scale or conditions, it allowed the City to broaden uses in a БЌ particular zone (e.g. Terrace Drive). Mr. Bilotta noted that this permitted uses with conditions, while not БЍ legalizing things preferred to be totally gone in the future as part of the long-term vision. БЎ Councilmember McGehee opined that she wasn’t tied to the twenty year timeframe. БЏ Mayor Roe clarified that the discussion was to remove the limit. БА Councilmember McGehee stated that she had no problem in using a Conditional Use for certain uses within ББ limits, when she could not foresee any problems (e.g. environmental or traffic), but referenced past БВ Conditional Uses for nonconformities that may not be desirable long-term; opining that this was a ВЉ distinction she wanted clear. ВЊ Councilmember Willmus suggested one distinction may be that of an asphalt plant use. ВЋ Vogel Property ВЌ Specific to the Vogel Sheetmetal property, Mr. Bilotta and Mayor Roe noted the sense of urgency for the ВЍ property owner for City Council guidance due to the requirements of their lending agency.